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MEDICAL SERVICES POLICY MANUAL,SECTION D D-300 State Residency D 320 Prohibited State Residency Determination

5. An institutionalized individual who became incapable of indicating intent before age 21 is a resident of the State of: i. His parents or legal guardian, if one has been appointed, at the time of placement; or ii. The parent applying on hisbehalf, if the parents reside in separate States and a legal guardian has not been appointed; 6. For any other institutionalized individual not covered by step #4 or #5 above, the individual is a resident where he/she is living and intends to reside. When more than one State could be an individual’s residence, and you cannot determine the jurisdiction of residence based on the above rules, the residence is where the individual is physically located at present.

 NOTE: For purposes of State residency – an institution is a Title XIX Long Term Care Facility and an individual is considered to be incapable of indicating intent to reside in the State if: 1. He has an IQ of 49 or less or a mental age of seven (7) or less, based on tests acceptable to the State’s Division of Developmental Disabilities Services (DDS); or 2. He is judged legally incompetent; or 3. Medical or other documentation acceptable to the State supports a finding of incapability of indicating intent.

D-320 Prohibited State Residency Determination MS Manual 01/01/14 Determinations specifically prohibited for State Residency are as follows: 1. An individual will not be denied Medicaid because he has not resided in the State for a specific period; 2. An institutionalized individual, who satisfies the residency rules set forth in this policy, will not be denied Medicaid because he did not establish residence in the State before entering the institution; and 3. An individual will not be denied Medicaid or have his Medicaid terminated because of temporary absence from the State if he intends to return when the purpose of the